Regulation 18 When an application is to be treated as made and beginning of entitlement to assistanceI1

Scotland

(1)

An application for F1Carer Support is to be treated as made on the day it is received by the Scottish Ministers.

(2)

Where, on the basis of an application, a determination is made that an individual is entitled to Carer Support, entitlement to assistance is to begin—

(a)

on the first day of the award week in which the application is treated as made in accordance with paragraph (1),

(b)

where the individual has notified the Scottish Ministers that they wish their entitlement to assistance to begin on a date prior to the day on which their application is treated as made, on the first day of the award week in which that chosen date falls, provided that—

(i)

the date chosen by the individual is no more than 13 weeks prior to the day on which their application is treated as made, and

(ii)

the individual satisfied the eligibility requirements set out in F2regulation 3(2) (overview) of these Regulations on that chosen date, F3...

(c)

where regulation 19 applies (applications made within 13 weeks of a qualifying disability benefit), a date to be chosen by the Scottish Ministers in accordance with that regulationF4,

(d)

where regulation 41 (individuals in respect of whom Carer’s Allowance is paid in another part of the United Kingdom immediately before moving to Scotland) applies, in accordance with that regulation, or

(e)

where regulation 41A (individuals in respect of whom Carer’s Allowance was paid before 6 November 2025 applies), in accordance with that regulation.

F5(3)

Where the individual does not satisfy the eligibility requirements set out in F6regulation 3(2) (overview) of these Regulations on the date referred to in paragraph (2)(a), (b), (d) or (e), the Scottish Ministers may choose that entitlement begins on a later date, provided that—

(a)

the individual satisfies the eligibility requirements set out in regulation 3(2) (overview) of these Regulations on the later date, and

(b)

that later date is no more than 13 weeks after the day on which their application is treated as made in accordance with paragraph (1).

F7(4)

For the purposes of section 38(3) of the 2018 Act, the period covered by an application for Carer Support—

(a)

under paragraph (2)(a)—

(i)

begins on the day on which the application is treated as having been made, and

(ii)

ends on—

(aa)

the day on which the determination of entitlement is made, or

(bb)

the date entitlement begins,

whichever is later,

(b)

under paragraph (2)(b)—

(i)

begins on the chosen date referred to in paragraph (2)(b), and

(ii)

ends on—

(aa)

the day on which the determination of entitlement is made, or

(bb)

the date entitlement begins,

whichever is later,

(c)

under paragraph (2)(c)—

(i)

begins on the date of the relevant qualifying disability benefit decision mentioned in regulation 19(1), and

(ii)

ends on the day on which the determination of entitlement is made,

(d)

under paragraph (2)(d)—

(i)

begins on the date of the move referred to in regulation 41(1), and

(ii)

ends on—

(aa)

the day on which the determination of entitlement is made, or

(bb)

the date entitlement begins,

whichever is later,

(e)

under paragraph (2)(e)—

(i)

begins on the date the individual’s entitlement to Carer’s Allowance ceased as mentioned in regulation 41A(3), and

(ii)

ends on—

(aa)

the day on which the determination of entitlement is made, or

(bb)

the date entitlement begins,

whichever is later.

Annotations

Textual amendments

F1: Words in reg. 18 substituted (15.3.2026) by The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/340), regs. 1(2), 3(5)(g) (with regs. 5(1), 14)
F2: Words in reg. 18(2)(b)(ii) substituted (15.3.2026) by The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/340), regs. 1(2), 3(14)(a) (with reg. 5(1))
F3: Word in reg. 18(2)(b)(ii) omitted (6.11.2025) by virtue of The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(5)(a)(i)
F4: Reg. 18(2)(d)(e) inserted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(5)(a)(ii)
F5: Reg. 18(3) substituted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(5)(b)
F6: Words in reg. 18(3) substituted (15.3.2026) by The Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025 (S.S.I. 2025/340), regs. 1(2), 3(14)(b) (with reg. 5(1))
F7: Reg. 18(4) substituted (6.11.2025) by The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendments) (Scotland) Regulations 2025 (S.S.I. 2025/336), regs. 1(2), 10(5)(c)

Commencement

I1: Reg. 18 in force at 19.11.2023, see reg. 1(2)